Legal Opinion

White v. Devendorf

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1908PublishedCited by 11 opinions

Appeal by the defendant, Clara Brown Devendorf, as administratrix,'etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of'the clerk of the county of Jefferson on the 12th day of October, 1907, upon the verdict of a jury, also from an order entered in said clerk’s office on the 16th day of October, 1907, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on .the 12th day of October,…

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Appeal by the defendant, Clara Brown Devendorf, as administratrix,'etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of'the clerk of the county of Jefferson on the 12th day of October, 1907, upon the verdict of a jury, also from an order entered in said clerk’s office on the 16th day of October, 1907, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on .the 12th day of October, 1907, allowing costs to the plaintiff to be paid out of the estate of H. Nelson Brown, deceased.

1Opinion of the Court

Spring, J.:

The plaintiff was born in 1874, and when about two years old her mother died and she was taken into the family of H. Nelson Brown, a brother of her mother. In January, 1878, Amanda, the wife of H. Nelson, died, and it is the claim of the plaintiff that shortly before her death she entered into an agreement with her husband whereby he promised to pay $500 to the plaintiff.

Brown, shortly before his wife’s death, purchased a farm - for *793$5,500. His wife paid in on the purchase price $1,500 which was a loan to the husband, and the wife wished the $500 to be paid by him. to apply on this…

2Cases cited2 opinions

  1. Rosseau v. . RoussNew York Court of Appeals · 1904
  2. Holt v. . TuiteNew York Court of Appeals · 1907

3Cited by11 opinions

  1. Mahan v. MahanSouth Dakota Supreme Court · 1963
  2. Douglas v. BeebeSouth Dakota Supreme Court · 1923
  3. Ennis v. ChichesterAppellate Division of the Supreme Court of the State of New York · 1919
  4. Hungerford v. SnowAppellate Division of the Supreme Court of the State of New York · 1909
  5. In re the Estate of McMillanAppellate Division of the Supreme Court of the State of New York · 1915

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